Texas 2019 - 86th Regular

Texas House Bill HB4259 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Bonnen of Galveston H.B. No. 4259
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of listed family homes.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 42.042, Human Resources Code, is amended
9	9	by adding Subsection (d-1) and amending Subsection (g) to read as
10	10	follows:
11	11	(d-1) The executive commissioner by rule shall adopt
12	12	minimum standards for listed family homes. The minimum standards
13	13	must:
14	14	(1) promote the health, safety, and welfare of
15	15	children attending a listed family home;
16	16	(2) promote safe, comfortable, and healthy listed
17	17	family homes for children;
18	18	(3) ensure adequate supervision of children by
19	19	capable, qualified, and healthy personnel; and
20	20	(4) ensure medication is administered in accordance
21	21	with Section 42.065.
22	22	(g) In promulgating minimum standards the executive
23	23	commissioner may recognize and treat differently the types of
24	24	services provided by the following:
25	25	(1) listed family homes;
26	26	(2) registered family homes;
27	27	(3) [(2)] child-care facilities, including general
28	28	residential operations, cottage home operations, specialized
29	29	child-care homes, group day-care homes, and day-care centers;
30	30	(4) [(3)] child-placing agencies;
31	31	(5) [(4)] agency foster homes;
32	32	(6) [(5)] continuum-of-care residential operations;
33	33	(7) [(6)] before-school or after-school programs; and
34	34	(8) [(7)] school-age programs.
35	35	SECTION 2. Section 42.044, Human Resources Code, is amended
36	36	by amending Subsections (a) and (c) and adding Subsection (b-4) to
37	37	read as follows:
38	38	(a) An authorized representative of the commission
39	39	[department] may visit a facility regulated under this chapter or a
40	40	registered or listed family home during operating hours to
41	41	investigate, inspect, and evaluate.
42	42	(b-4) The commission shall inspect a listed family home at
43	43	least once every three years. The inspection must be unannounced.
44	44	(c) The commission [department] must investigate a facility
45	45	regulated under this chapter or a registered or listed family home
46	46	when a complaint is received. The representative of the commission
47	47	[department] must notify the operator of a registered or listed
48	48	family home or the director or authorized representative of a
49	49	regulated facility when a complaint is being investigated and
50	50	report in writing the results of the investigation to the family
51	51	home's operator or to the regulated facility's director or the
52	52	director's authorized representative.
53	53	SECTION 3. Section 42.0442(a), Human Resources Code, is
54	54	amended to read as follows:
55	55	(a) The commission [department] shall coordinate monitoring
56	56	inspections of licensed day-care centers, licensed group day-care
57	57	homes, and registered and listed family homes performed by another
58	58	state agency to eliminate redundant inspections.
59	59	SECTION 4. Section 42.04425, Human Resources Code, is
60	60	amended by adding Subsection (d) to read as follows:
61	61	(d) The commission shall provide with the inspection data
62	62	described by Subsection (c) a minimum of five years of inspection
63	63	data for listed family homes regulated under this chapter to
64	64	enhance consumer choice with respect to those homes.
65	65	SECTION 5. Section 42.0446, Human Resources Code, is
66	66	amended to read as follows:
67	67	Sec. 42.0446. REMOVAL OF CERTAIN INVESTIGATION INFORMATION
68	68	FROM INTERNET WEBSITE. The executive commissioner shall adopt
69	69	rules providing a procedure by which the commission [department]
70	70	removes from the commission's [department's] Internet website
71	71	information on [with respect to] a child-care facility or
72	72	registered or listed family home that relates to an anonymous
73	73	complaint alleging [that] the facility or family home failed to
74	74	comply with the commission's [department's] minimum standards if,
75	75	at the conclusion of an investigation, the commission [department]
76	76	determines [that] the complaint is false or lacks factual
77	77	foundation.
78	78	SECTION 6. Section 42.0447(a), Human Resources Code, is
79	79	amended to read as follows:
80	80	(a) A person commits an offense if the person knowingly or
81	81	intentionally files a complaint alleging that a child-care facility
82	82	or registered or listed family home failed to comply with the
83	83	commission's [department's] minimum standards and the person knows
84	84	the allegation is false or lacks factual foundation.
85	85	SECTION 7. Section 42.046, Human Resources Code, is amended
86	86	by adding Subsection (f) to read as follows:
87	87	(f) An applicant for a listing to operate a family home
88	88	shall submit with the application proof of the applicant's
89	89	successful completion of safe sleep training in accordance with
90	90	commission rules.
91	91	SECTION 8. Subchapter C, Chapter 42, Human Resources Code,
92	92	is amended by adding Section 42.0495 to read as follows:
93	93	Sec. 42.0495. LIABILITY INSURANCE REQUIRED FOR LISTED
94	94	FAMILY HOMES. (a) A listed family home shall maintain liability
95	95	insurance coverage in the amount of $300,000 for each occurrence of
96	96	negligence. An insurance policy or contract required under this
97	97	section must cover injury to a child that occurs while the child is
98	98	on the premises of or in the care of the listed family home.
99	99	(b) A listed family home shall annually file with the
100	100	commission a certificate or other evidence of coverage from an
101	101	insurance company demonstrating that the listed family home has an
102	102	unexpired and uncanceled insurance policy or contract that meets
103	103	the requirements of this section.
104	104	(c) If a listed family home is unable to secure a policy or
105	105	contract required under this section for financial reasons or for
106	106	lack of availability of an underwriter willing to issue a policy or
107	107	contract or the home's policy or contract limits are exhausted, the
108	108	home shall timely provide written notice to the parent or guardian
109	109	of each child attending the home that the liability coverage is not
110	110	provided.
111	111	(d) A listed family home described by Subsection (c) shall
112	112	timely provide written notice to the commission that the home is
113	113	unable to secure liability insurance and the reason the insurance
114	114	could not be secured.
115	115	(e) If a listed family home complies with the notice
116	116	requirements under this section, the commission may not assess an
117	117	administrative penalty or suspend or revoke the family home's
118	118	listing for violating Subsection (a). This subsection may not be
119	119	construed to indemnify a family home for damages due to negligence.
120	120	SECTION 9. Sections 42.052(f) and (i), Human Resources
121	121	Code, are amended to read as follows:
122	122	(f) To remain listed or registered with the commission
123	123	[department], a family home must comply with the commission's
124	124	[department's] rules and standards[, if applicable,] and any
125	125	provision of this chapter that applies to a listed or registered
126	126	family home.
127	127	(i) The commission [department] shall provide to a listed
128	128	family home a copy of the listing. A listing must contain a
129	129	provision that states: "THIS HOME IS A LISTED FAMILY HOME. IT IS
130	130	NOT LICENSED OR REGISTERED WITH THE HEALTH AND HUMAN [DEPARTMENT OF
131	131	FAMILY AND PROTECTIVE] SERVICES COMMISSION. A LISTED FAMILY HOME
132	132	HAS LIMITED MINIMUM STANDARDS AND IS NOT INSPECTED EVERY YEAR [IT
133	133	HAS NOT BEEN INSPECTED AND WILL NOT BE INSPECTED]." The operator of
134	134	a listed family home is not required to display the listing in a
135	135	prominent place at the home but shall make the listing available for
136	136	examination. [The executive commissioner by rule shall provide for
137	137	a sufficient period to allow operators of family homes to comply
138	138	with the listing requirement of this section.]
139	139	SECTION 10. Section 42.0522(b), Human Resources Code, is
140	140	amended to read as follows:
141	141	(b) A family home may not place a public advertisement that
142	142	uses the title "listed family home" or any variation of that phrase
143	143	unless the home is listed as provided by this chapter. Any public
144	144	advertisement for a listed family home that uses the title "listed
145	145	family home" must contain a provision in bold type stating: "THIS
146	146	HOME IS A LISTED FAMILY HOME. IT IS NOT LICENSED OR REGISTERED WITH
147	147	THE HEALTH AND HUMAN [DEPARTMENT OF FAMILY AND PROTECTIVE] SERVICES
148	148	COMMISSION. A LISTED FAMILY HOME HAS LIMITED MINIMUM STANDARDS AND
149	149	IS NOT INSPECTED EVERY YEAR [IT HAS NOT BEEN INSPECTED AND WILL NOT
150	150	BE INSPECTED]."
151	151	SECTION 11. Section 42.0523, Human Resources Code, is
152	152	amended by adding Subsections (e), (f), and (g) to read as follows:
153	153	(e) The following requirements do not apply to a family home
154	154	listed under this section:
155	155	(1) the minimum standards adopted under Section
156	156	42.042;
157	157	(2) the inspection requirement under Section 42.044;
158	158	and
159	159	(3) the liability insurance requirement under Section
160	160	42.0495.
161	161	(f) A family home listed under this section shall undergo
162	162	initial and subsequent background and criminal history checks
163	163	required under Section 42.056. If the operator of the home fails to
164	164	submit the information required by Section 42.056 for a subsequent
165	165	background and criminal history check, the commission shall
166	166	automatically:
167	167	(1) suspend the home's listing until the required
168	168	information is submitted; and
169	169	(2) revoke the home's listing if the required
170	170	information is not submitted before six months after the date the
171	171	automatic suspension begins under Subdivision (1).
172	172	(g) A suspension or revocation under Subsection (f) is not a
173	173	suspension or revocation under Section 42.072.
174	174	SECTION 12. The following provisions of the Human Resources
175	175	Code are repealed:
176	176	(1) Sections 42.044(c-1) and (c-2); and
177	177	(2) Sections 42.052(j) and (j-1).
178	178	SECTION 13. As soon as practicable after the effective date
179	179	of this Act, the executive commissioner of the Health and Human
180	180	Services Commission shall adopt rules necessary to implement
181	181	Chapter 42, Human Resources Code, as amended by this Act.
182	182	SECTION 14. This Act takes effect September 1, 2019.